-
2022 BCE
Process of Incorporation Cases
Chicago, Burlington, and Quincy Railroad Company v. City of Chicago (1897) - Ruled that the 14th Amendment due process clause requires states to provide fair compensation for seizing private property, therefore applying the 5th Amendment concept of eminent domain to state governments. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Chicago, Burlington, and Quincy Railroad Company v. City of Chicago (1897) - Ruled that the 14th Amendment due process clause requires states to provide fair compensation for seizing private property, therefore applying the 5th Amendment concept of eminent domain to state governments. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Gitlow v. New York (1925) - Ruled that a state could prohibit speech advocating violent efforts to overthrow the government, but also stated that the due process clause of the 14th Amendment protects freedom of speech, therefore applying this provision of the 1st Amendment against state governments. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Near v. Minnesota (1931) - Ruled that a state law allowing for prior restraint, or banning speech/publication before it is printed, is unconstitutional (except in extremely rare cases) due to the 14th Amendment’s due process clause, therefore applying the 1st Amendment provision of freedom of the press against state governments. -
Period: 2022 BCE to
Process of Incorporation Cases
De Jonge v. Oregon (1937) - Ruled unconstitutional a state law allowing for the arrest of a person attending a Communist Party meeting, as the due process clause of the 14th Amendment protects the right to peaceful assembly, therefore applying this provision of the 1st Amendment against state governments. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Cantwell v. Connecticut (1940) - Ruled unconstitutional an ordinance requiring a permit for solicitation, as it allowed local officials to determine which causes were religious and which were not, which violated the 1st and 14th Amendments, therefore applying the free exercise of religion provision to state and local governments. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Everson v. Board of Education of the Township of Ewing (1947) - Ruled that a state law providing transportation reimbursement funds to parents of all schoolchildren, including religious schools, was constitutional as the Court found the finances were not directly aiding a religious organization. However, the Court also held that there must be a distinct separation between government and religion due to the 1st and 14th Amendments, -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Mapp v. Ohio (1961) - Ruled that all evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court, therefore applying the exclusionary rule against state governments by way of the due process clause of the 14th Amendment. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
Robinson v. California (1962) - Ruled unconstitutional a state law criminalizing narcotic addiction on the basis of the due process clause of the 14th Amendment as well as the 8th Amendment, therefore extending protection from cruel and unusual punishment against state governments. -
Period: 2022 BCE to
Process of Incorporation Cases
Gideon v. Wainwright (1963) - Ruled that the right to an attorney, whether or not a person can afford one, is a fundamental right guaranteed by the due process clause of the 14th Amendment and the 6th Amendment, and therefore counsel must be appointed by state governments or the federal government in felony cases. -
Period: 2022 BCE to
Process of Incorporation Cases
Ker v. California (1963) - Ruled that evidence collected without a warrant was permissible in court if found in accordance with a lawful warrantless arrest, but also determined that the 4th Amendment protection from unreasonable search and seizure was applicable to state governments through the interpretation of the due process clause of the 14th Amendment. -
Period: 2022 BCE to 2022 BCE
Process of Incorporation Cases
therefore applying the establishment of religion provision to state and local governments. In re Oliver (1948) - Ruled that a state law allowing for one-person grand juries to determine punishment for contempt of court violated the due process clause of the 14th Amendment as well as the 6th Amendment, therefore applying the public trial provision against state governments. -
Period: to
Process of Incorporation Cases
Argersinger v. Hamlin (1972) - Ruled that the 6th Amendment right to an attorney (whether a person can afford it or not), as decided and incorporated by Gideon v. Wainwright (1963), also applied to state criminal proceedings for misdemeanors that could be punishable by jail time. -
Period: to
Process of Incorporation Cases
Schilb v. Kuebel (1971) - Ruled it constitutional for state courts to collect a percentage of bail whether the defendant was found guilty or acquitted, but also determined that the 8th Amendment protection from excessive bail applied to state governments due to the 14th Amendment’s due process clause. -
Period: to
Process of Incorporation Cases
Edwards v. South Carolina (1963) - Overturned the convictions of students arrested while attempting to petition their grievances against the state, ruling that the due process clause of the 14th Amendment extends the 1st Amendment right to petition against state governments as well as the federal government. -
Period: to
Process of Incorporation Cases
Malloy v. Hogan (1964) - Ruled that witnesses in state courts are entitled to the 5th Amendment protection against self-incrimination, and is guaranteed by the 14th Amendment’s due process clause. -
Period: to
Process of Incorporation Cases
Pointer v. Texas (1965) - Ruled that using a transcript of a witness’s statements was unconstitutional as it denied a defendant of their 6th Amendment right to confront witnesses, which the Court held was a fundamental right guaranteed by the due process clause of the 14th Amendment, therefore applicable to criminal proceedings at the state level. -
Period: to
Process of Incorporation Cases
Klopfer v. North Carolina (1967) - Ruled that indefinitely suspending a trial violates a defendant’s 6th Amendment right to a speedy trial, and this provision is extended against the states by the due process clause of the 14th Amendment. -
Period: to
Process of Incorporation Cases
Washington v. Texas (1967) - Ruled that the 6th Amendment right to compulsory process to obtain witnesses for defense (subpoena process) is so fundamental that it is incorporated against state governments in the due process clause of the 14th Amendment. -
Period: to
Process of Incorporation Cases
Benton v. Maryland (1969) - Ruled that the 5th Amendment protection against double jeopardy applies to criminal proceedings at the state level, guaranteed by the due process clause of the 14th Amendment. -
Period: to
Process of Incorporation Cases
McDonald v. Chicago (2010) - Ruled that the 14th Amendment makes the 2nd Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. -
Period: to
Process of Incorporation Cases
Timbs v. Indiana (2019) - Ruled that the 8th Amendment’s protection from excessive fines is an incorporated protection applicable to the states by way of the 14th Amendment’s due process clause.